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File Number: 17-281 <br /> Day 175 Step 7: Judicial Order to Abate <br />Proposed Process <br /> Day 1 Step 1: Courtesy Notice door hanger <br /> Day 14 Step 2: Notice of Violation letter posted at property & mailed to the property <br />owner <br /> Day 28 Step 3: Administrative Citation with $150 fine posted a property & mailed to <br />property owner <br /> Day 42 Step 4: Administration Citation with $300 fine posted a property & mailed to <br />property owner <br /> Day 56 Step 5: Administration Citation with $600 fine posted at property & mailed to <br />property owner <br /> Day 70 Step 6: Judicial Order to Abate <br />Appeals of fines or determinations of a violation can be made to the City Clerk’s Office. The <br />person or entity requesting an appeal hearing would pay an appeals processing fee, which is <br />currently $75. Staff does not recommend a change to the appeal fee in FY 2017-18. Appeals <br />would be heard by an Administrative Hearing Board (the “Board”) appointed by the City <br />Manager. The timing in which the City would have to set a date for a hearing before the <br />Board would be reduced from 15-60 days to 15-45 days. This was recommended by the City <br />Council Rules Committee during its review of the draft ordinance amendments. <br />The Board would be administered by the City Clerk’s Office. Recommended changes to the <br />Board’s processes are outlined below. <br />·Current Hearing Board - Currently, appeals are heard by members of the City’s <br />management team. Three members serve on each hearing. The current process is <br />that this administrative hearing body conducts hearings on cases that have not been <br />corrected and issues Administrative Orders regarding the violations including collection <br />of penalties, abatement of violations and recovery of the City’s costs of abatement. <br />·Proposed Hearing Board - The proposed and re-constituted Board would consist of <br />seven individuals from the community (five members and two alternates). Three <br />members would serve on each hearing. The Board would conduct hearings on cases <br />that have been appealed and issue Administrative Orders regarding violations including <br />the collection of penalties, abatement of violations and recovery of the City’s costs of <br />abatement. <br />No change is recommended to the process to appeal an Administrative Order of the Board. <br />Appeals would still be made to the City Manager, and would have to be submitted within <br />fifteen days of the date of issuance of the Board’s decision. The City Manager, or his <br />designee, will review and consider the case and issue a final written decision within thirty <br />days. <br />Unpaid fines and the actual costs of abatement may incur a lien on the property tax roll as <br />part of the City’s annual lien process. <br />Staff recommends minor modifications to the Code Enforcement Ordinance, Title 1, Chapter <br />12 “Citation- Violations” of the San Leandro Municipal Code to address the following. Both a <br />Page 3 City of San Leandro Printed on 5/30/2017 <br />145